request
X

FREE CONSULTATION

Thank you for your interest in The Law Offices of Andrew M. Weisberg. Please fill out the form below and we will be in touch soon
  • This field is for validation purposes and should be left unchanged.

*Indicates Required Fields

bbb-rating

Call Today for a FREE CONSULTATION

SE HABLA ESPAÑOL

(773) 908-9811

AVAILABLE 24 HOURS/7 DAYS

menu

X

request

(773) 908-9811

AVAILABLE 24 HOURS/7 DAYS

FOLLOW US:

Aggressive. Experienced.

Chicago Criminal Defense Attorney
Former Cook County Felony Prosecutor

blog_homeBlog Home

How To Protect Yourself Against Illinois Domestic Violence Claims

In the state of Illinois, certain acts of violence are categorized as crimes of domestic violence.  When an act of violence is committed against a person in your family or household, then domestic violence laws can apply toward the charges against you, resulting in prison time, fines, and even orders of protection against you.

Being convicted of domestic violence can have a significant impact on your life and impact your rights. That’s why it’s crucial to understand the domestic violence laws in the state and how you and your attorney can defend yourself against domestic violence claims in court.

What Are Domestic Violence Offenses?

A crime can only be classified as one of domestic violence if it fits certain criteria. The victim of the crime must be a household or family member, which the state defines as:

  • A former spouse
  • A current spouse
  • Those related to you by blood or marriage such as parents and children
  • Those with whom you have a child in common
  • Anyone with whom you are dating or engaged
  • Anyone with a disability and their caregivers

Various crimes of domestic violence are commonly charged. They include:

Domestic Battery

This occurs when bodily harm is caused to a member of the household or family or physical contact is made with them in an insulting or confrontational way. This is a Class A misdemeanor in most circumstances, but it can be elevated to a Class 4 felony if the person accused has previous convictions of domestic battery.

Aggravated Domestic Battery

If in the commission of the crime of domestic battery great bodily harm, disfigurement, or permanent disability is caused, then you can be charged with aggravated domestic battery. If strangulation is involved, you may also be charged with this crime.

This is a Class 2 felony. Any sentence handed down if convicted requires the defendant to be incarcerated for at least two months.

If there are any previous aggravated domestic battery convictions in the criminal history of the accused, then the judge has to power to send a person to prison for a minimum of three years.

Defending Against Domestic Violence Charges

If you are charged with domestic violence, then it’s important to engage an attorney to help formulate a defense on your behalf. Make sure your rights are upheld during the court process.

The defense you use depends upon the circumstances of your particular case. In general, these are the types of defenses used in domestic violence cases:

  • You are innocent of the crime
  • The person accusing you of domestic violence is lying about the incident
  • An accident was the reason behind the incident
  • You were acting in defense of yourself or your kids
  • Domestic violence charges cannot be proved beyond a reasonable doubt
  • Your partner’s behavior was the cause of the incident
  • Errors in the police investigation

, How To Protect Yourself Against Illinois Domestic Violence Claims

Remember, the success of your defense depends on how much you cooperate with your attorney. You must be honest and upfront about every detail of the incident that led to the charges — perhaps even your relationship before the incident with the victim.

Withholding any important information from an attorney who represents you can make for a very poor outcome for your case. Remember, a conviction for a domestic violence crime will be with you forever.

 

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

 

 

 

Our Blog

How To Fight an IL Protective Order for Domestic Violence

Domestic Assault | Domestic Battery | Domestic Violence

It can be a surprise for many people when they are made aware they have an order of protection, sometimes called a restraining order, against them.

In many cases involving domestic violence, orders of protection are issued by the judge without the defendant being present. This means that you may have no idea that an order of protection exists against you until you are served with it.

What can you do to fight an Illinois protective order in your domestic

[...]

What Does It Mean to Be an IL Sex Offender?

Sex Crimes | Sex Offender Registration | Sexual Abuse | Sexual Assault

Sex crimes, unfortunately, happen quite often. And maybe more often in Illinois than other places.

A study from SafeHome.org found that the state of Illinois has the fifth-highest number of people listed on their sex offender registry in the United States. That means that the state has more registered sex offenders than 45 other states out there.

This begs a salient question: what does it mean to be an Illinois sex offender? What types of crimes can put you on

[...]
Law Offices of Andrew Weisberg